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H-1B Cap Prep: What You Need to Know About Requests for Evidence and Their Impact on Petitions - Final

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7 Recent Policy Changes in Coordination with "Buy American, Hire American" Executive Order • Over the summer 2018, USCIS released a policy memorandum that provided guidance to USCIS adjudicators on how and when to issue RFEs and NOIDs • The memo, released on July 13, included language like, "deny an application, petition or request without first issuing a RFE or NOID if initial evidence is not submitted or if the evidence in the record does not establish eligibility." • This does not mean RFEs will no longer be issued • This update only applies to situations where required initial evidence was not supplied, not instances where officers need additional clarification. This does not change the law or regulations. It only instructs USCIS officers on how and when to issue RFEs and NOIDs.

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